Foreclosure Defense

After your loan has been in default for at least 90 days, the mortgage is referred to a Florida attorney for foreclosure. The attorney files the foreclosure complaint, summons, and files a lis pendens in the real estate records. The sheriff or another process server will serve the summons, complaint, and lis pendens. This is your first notice that the foreclosure has officially started. It is important that you don't delay getting in touch with us after this has happened. You only have 20 days to file an answer to the complaint.

Once you have us on your side, we file the answer and defenses. Defenses can be either factual or legal. At this time, the discovery process begins. During discovery, you have the ability to request any information from the mortgage company that may help your case. Through discovery, you can find out if the loan holder who has brought the foreclosure action against you is the correct entity, whether your payments have been applied correctly, or whether some other important information prevents the loan holder from foreclosing on you.

During this time, we also negotiate foreclosure alternatives on your behalf. These negotiated alternatives include loan modification, deed-in-lieu of foreclosure, short sale - if your loan amount is higher than the property value, and several other possibilities. As discovery progresses, we can also explore other alternatives such as bankruptcy or a sale that puts the equity of your home into your pocket.

Once discovery is complete, motions for summary judgment are filed. Sometimes cases end here, if the bank has sufficient evidence to show that you are delinquent in payments. If the evidence is insufficient for summary judgment, it goes to trial, where only one party may prevail. If the judgment is issued in favor of the bank, the property is auctioned off to the highest bidder. The bank may also seek a deficiency following the foreclosure which would require you to pay even more money. This is why having a skilled attorney on your side even after the foreclosure auction is important. You need protection at all steps of the process.

From beginning to end the entire foreclosure could take 18 to 24 months or longer.

If you're facing the threat of foreclosure on your property in Georgia, it's crucial to understand the foreclosure process and seek professional legal guidance because Georgia foreclosures are non-judicial and happen very quickly. In a non- judicial foreclosure, there is no foreclosure lawsuit, no time to file an answer with defenses and counterclaims, and no judge or jury. 

The primary stages of the Georgia foreclosure process are:

1. Initial Stages of Foreclosure:

The foreclosure process in Georgia typically begins when a homeowner falls behind on their mortgage payments. Here are the key steps involved:

• Delinquency: When you miss a mortgage payment, you enter the delinquency stage. Prompt action is crucial at this point to prevent further complications.
• Notice of Default: After multiple missed payments, your lender will send a Notice of Default, officially notifying you of the foreclosure process initiation.
• Pre-Foreclosure: This phase allows you the opportunity to resolve the delinquency and avoid foreclosure through options like loan modification, refinancing, or selling the home.

   2.  Foreclosure Sale:

If the pre-foreclosure options are unsuccessful or not pursued, the foreclosure process proceeds to the sale stage:

• Notice of Sale: A Notice of Sale is issued, publicly announcing the date and time of the foreclosure auction. The lender sends the notice at least 30 days prior to the auction date by certified mail and publishes the auction in the local news paper.
• Foreclosure Auction: The property is sold at a public auction to the highest bidder. If the property does not sell, it becomes bank-owned or goes through other legal processes.
• Post-Foreclosure: After the sale, eviction proceedings may be initiated if you remain in the property without reaching a resolution.

   3.  Foreclosure Defense and Loan Modification:

Throughout the foreclosure process, it's crucial to have a skilled Georgia foreclosure attorney on your side. At Clifton Law Firm, LLC, we provide comprehensive foreclosure defense strategies, including:

• Loan Modification: Our experienced attorneys will negotiate with your lender to modify your loan terms, potentially lowering your monthly payments and helping you avoid foreclosure.
• Bankruptcy: If your debts are too high, we can help you eliminate them through bankruptcy.
• Deed-in-Lieu of Foreclosure: When your title to the property is clear, other than the existing mortgage, the lender may be willing to the property back by a deed sign by the borrower instead of proceeding with foreclosure. This foreclosure defense is most commonly used when the property is worth less than the amount owed on the mortgage.
• Sale: Whether there is equity to cash in or the amount due on the mortgage is more than the property is worth (short sale), we can often work with your lender to postpone the foreclosure sale until the home is sold. We work with a real estate brokerage, AREA - Attorney Real Estate Association, LLC that specializes in selling properties facing foreclosure to ensure the maximum value is realized under the circumstances.
• Foreclosure Defense Litigation: We will review your case, identify any violations of foreclosure laws, file an injunction, and mount a strong legal defense to protect your rights and property.

Navigating the Georgia foreclosure process can be complex and overwhelming, but you don't have to face it alone.